Preservation of Rail Service

Forms and Documents

Document Name	Status
Relevant Regulations -- 49 CFR 1151 and 1152.27-.29.doc Supplementary Document	2012-08-09
Relevant Statutes -- 49 USC 10904-05 and 10907; 16 USC 1247(d).doc Supplementary Document	2012-08-09
77 FR 47702 -- 30-day Notice (August 9, 2012).pdf Supplementary Document	2012-08-09
supporting statement -- 10904 et al -- Final 9-6-12 (final).docx Supporting Statement A	2012-09-07

IC Document Collections

IC ID	Document Title	Status
203569	Preservation of Rail Service	New

ICR Details

OMB Control No: 2140-0022	ICR Reference No: 201208-2140-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: STB	Agency Tracking No:
Title: Preservation of Rail Service
Type of Information Collection: Existing collection in use without an OMB Control Number	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 09/13/2012
	Date Received in OIRA: 08/09/2012
Terms of Clearance: As shown by the changes to the Supporting Statement, STB shall continue to report the cost of the resource use by the Federal government in question 14.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2015	36 Months From Approved
Responses	56	0	0
Time Burden (Hours)	374	0	0
Cost Burden (Dollars)	2,030	0	0

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Abstract: Under the Interstate Commerce Act, as amended by the ICC Termination Act of 1995, Pub. L. No. 104-88, 109 Stat. 803 (1995), and Section 8(d) of the National Trails System Act, 16 U.S.C. § 1247(d) (Trails Act), persons seeking to preserve rail service may file pleadings before the Board to acquire or subsidize a rail line for continued service, or to impose a trail use or public use condition. More specifically, when a line is proposed for abandonment, affected shippers, communities, or other interested persons may seek to preserve rail service by filing with the Board: an offer of financial assistance to subsidize or purchase a rail line for which a railroad is seeking abandonment (49 U.S.C. § 10904), including a request for the Board to set terms and conditions of the financial assistance; a request for a public use condition (§ 10905); or a trail-use request under the Trails Act. Similarly, when a line is placed on a system diagram map identifying it as an anticipated or potential candidate for abandonment, affected shippers, communities, or other interested persons may seek to preserve rail service by filing with the Board a feeder line application to purchase the identified rail line (§ 10907). Additionally, the railroad owning the rail line subject to abandonment must, in some circumstances, provide information to the applicant or offeror.

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Authorizing Statute(s): US Code: 49 USC 10904 Name of Law: Offer of Financial Assistance
   US Code: 49 USC 10905 Name of Law: Public Use Condition Request
   US Code: 16 USC 1247(d) Name of Law: Trails Use Request
   US Code: 49 USC 10907 Name of Law: Feeder Line Application
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 7236	02/10/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 47702	08/09/2012
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Preservation of Rail Service

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	56	0	0	0	0	56
Annual Time Burden (Hours)	374	0	0	0	0	374
Annual Cost Burden (Dollars)	2,030	0	0	0	0	2,030

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $73,565

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/09/2012

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